Below you will find the process when you’re charged with a crime. Every case is a little different, so this is a general guide.
- First, the police investigate. They may or may not tell you they’re investigating you. If you find out you’re under investigation, you might want to talk to a lawyer for advice.
- You are charged. That means either the police arrest you, or you receive a notice telling you you’ve been charged and must go to court.
- You get a court date. The notice will say when you must appear in court.
- At the time you are charged (or arrested), you are told your rights, including the right to a lawyer. It’s strongly recommended that you get legal advice.
- If you are arrested and kept in custody (jail), you will have a bail hearing within about 24 hours. This is where a judge decides if you can be released from jail while you wait for your trial. If bail is denied, you stay in custody.
- After the charge, the Crown (prosecution) will give you disclosure, meaning copies of the evidence or information they have against you.
- Then the trial takes place. At the end of the trial, the judge (or sometimes a jury) will decide whether you are guilty or not guilty.
- If you are found not guilty, you are free to go.
- If you are found guilty, the next step is sentencing. The court now decides your sentence. Often, the sentence decision happens right away or at a separate hearing soon after.
- If you don’t agree with the guilty verdict or the sentence, you may have the right to appeal. That means asking a higher court to review the decision.